1. Basic provisions
1.3. Please note that QAZUS does not itself sell digital content to Customers and only acts as a disclosed agent of Smart Payment Solutions a. s., Identification No .: 04683811, legal address: Opletalova 1603/57, Nové Město, 110 00 Praha 1, (hereinafter referred to as the "Seller") when concluding sales contracts with buyers on behalf of the seller. Any acceptance of orders and the conclusion of sales contracts by QAZUS binds only the Seller, who is the owner and seller of the Products. When entering into Sales and Purchase Agreements, QAZUS always acts in the interests of the Seller. Any reference in the Terms regarding the rights and obligations of QAZUS related to the Sale and Purchase Contract means the rights and obligations of the Seller, which from time to time may be performed by QAZUS on behalf and in the interests of the Seller.
1.5. Please note that the Terms may change from time to time in accordance with the procedure set out in Section 2.3 below. Before placing any Order, QAZUS strongly recommends Clients to read the Terms in order to fully familiarize themselves with the specific conditions on which the Order will be placed.
1.6.1. Account - an account that enables the Client to use the Services provided on the Site and receive all the benefits from this.
1.6.2. Client - a person who has registered an Account on the Site and intends to purchase a Product using the Services provided by QAZUS.
1.6.3. QAZUS - Smart Payment Solutions a. s., Identification No .: 04683811, legal address: Opletalova 1603/57, Nové Město, 110 00 Praha 1
1.6.4. Order - placement by the Client of instructions for the purchase of digital goods or services through the Site.
1.6.6. Product - digital content that has an activation code and can be used only after its activation on the Customer's computer platform.
1.6.7. Sale and purchase agreement - any contractual agreement between the Customer and the Seller, which obliges the Seller to transfer ownership of digital content to the Customer, and the Customer to pay its cost.
1.6.8. Service is one of the services provided by QAZUS as described in these Terms.
1.6.10. Website means a website available on the Internet platform at: https://qazus.com/.
2. Applicability of the Terms
2.1. Clients who are prohibited from using the Website due to the provisions of state or regional restrictions, including the country / region of the Client's current residence and the place of use of the services, are hereby asked to refrain from using the Website.
2.2. The customer confirms that he / she is at least 16 (sixteen) years old or has reached the age in accordance with the legislation of the respective country, which allows him to assume responsibility for the obligations arising from the contractual relationship, and has full legal capacity for legal action. In addition, the Customer confirms that the legislation of the respective country does not limit the use of the Services provided by QAZUS.
2.3. QAZUS has the right to make changes and additions to these Terms, including the right to introduce new provisions and cancel old ones at its sole discretion, unilaterally and at any time, announcing changes to the Terms on the Site. The client is obliged to regularly check whether changes have been made to the Terms.
By continuing to use the Website and Services, the Client confirms that he is bound by all changes to the Terms. Changes to the Terms and Conditions shall enter into force 10 (ten) days after the announcement on the Site, unless expressly stated otherwise.
2.4. QAZUS communicates with the Client by sending emails or through the electronic account system of the website, leaving them with notifications. Customer unconditionally agrees to receive communications electronically and agrees that all agreements, notices, disclosures and other communications that QAZUS provides electronically comply with any legal requirements for such communications in writing.
3. Conclusion of the sales contract
3.1. Each Order placed by a Customer through the Website shall be deemed an offer by the Customer to purchase Products in accordance with these Terms. QAZUS has the right to verify the payment method, billing and delivery addresses of the Client prior to accepting the Client's Order. QAZUS undertakes to either directly accept, notifying of acceptance, or indirectly fulfill the Order, in whole or in part. Any form of acceptance by QAZUS will result in the conclusion of a Sale and Purchase Agreement between the Seller and the Customer, governed by these Terms.
3.2. The client can purchase Products (codes) to activate games through the gaming platform. No Order is considered accepted by QAZUS until the ordered Products (digital goods) are available and the Client receives a corresponding confirmation email. QAZUS will try to notify the Client if QAZUS refuses to accept the Order using the email address or other contact information that the Client provided with the Order. Once the code is validated (accepted by the platform), it will be considered "used".
3.3. No clauses, conditions or specifications - or any similar language or document - approved, delivered with or contained in the Customer's Order, form part of the Sales Agreement concluded upon confirmation of the Order simply as a result of such document being referred to in the Purchase Agreement - sales, and Customer disclaims any right on which it might otherwise rely on such terms.
3.4. QAZUS undertakes to fulfill Orders in accordance with the requirements of the Customer, but may - at its discretion - provide replacement Products at the request of the Customer, or if the Product has been replaced with the latest version. For the avoidance of any doubt, any past adjustments to such requests by the Client should not be construed as past contractual obligations under which the Client may require QAZUS to continue to meet such requests in the future. To the extent that Orders cannot be fully fulfilled from the warehouse, the outstanding balance (at the discretion of the Client) will either be returned to be fulfilled the next time QAZUS appears in stock, or will be canceled and refunded to the Client.
3.5. Both QAZUS and the Customer confirm that they have not relied on any statements, promises or statements made or given by or on behalf of the other party, which are not set forth in the Sales Agreement concluded upon confirmation of the Order or in any electronic confirmation; however, such confirmation email does not constitute a change to the Terms governing such Purchase Agreement. Nothing in these Terms and Conditions excludes or limits the liability of either party for fraud or willful misrepresentation.
3.6. Instructions for making payments through the Website can be found here. These instructions form an integral part of the Terms.
4. Termination and return
4.1. Taking into account the digital nature of the Products (activation codes) sold and sold through the Website, the Client may submit a refund request on the absolute condition that the purchased Product (activation code) has not been viewed on the QAZUS platform. Refund requests must be completed through the customer support section of the website within 14 (fourteen) days of the delivery of the QAZUS Product (activation code) to the Customer.
4.2. Please note that normally QAZUS cannot verify whether the Product has been used after purchase. Thus, in accordance with the law, the Customer agrees and acknowledges that he / she will lose the right to opt out and request a refund as soon as the Customer views the Product (activation code). If your request is successful, it may take up to fourteen (14) days to process your return.
4.3. After viewing the Product on the QAZUS platform, the Customer is entitled to receive a refund for it from QAZUS only if:
4.3.1. The product (activation code) does not match the description (part of the content is missing, the wrong version, the code for another platform, etc.); or
4.3.2. The product (activation code) is not working as expected (reported as invalid or used when Customer tries to activate it on the correct platform).
4.4. If the Client's request for a refund is satisfied, QAZUS will return the money paid by the Client to the same source from which the original payment was made, or, in the case of the explicit consent of the Client, to the QAZUS wallet.
4.5. In order for the Client to exercise his rights in accordance with Section 4.3, the Client must provide QAZUS with sufficient evidence of the relevant deficiencies, as well as confirmation that such deficiencies already existed at the time of purchase of the Digital Product.
5. Product prices
5.1. The prices for the Products will be as shown on our Website. QAZUS takes all reasonable steps to ensure that the prices of the Products are correct at the time the relevant information was entered into the system. However, if we find an error in the price of the Product (s) you have ordered, Section 5.3 will apply.
5.2. The prices for QAZUS Products may change from time to time, but the changes will not affect the already concluded Sales and Purchase Agreements.
5.3. The QAZUS website contains a large number of Products. It is always possible that, despite QAZUS's reasonable efforts, the price of some Products on the Site may be misjudged. If QAZUS discovers an error in the price of the Products ordered by the Client, QAZUS will write to the Client to inform the Client of this error, and QAZUS will provide the Client with the opportunity to continue purchasing the Product at the correct price or to cancel the Client's Order. QAZUS will not process the Customer's Order until QAZUS receives instructions from the Customer. If QAZUS is unable to contact the Client using the contact information provided by the Client during the Order process, QAZUS will treat the Order as canceled and notify the Client. Please note that if the pricing error is obvious and unmistakable and could reasonably be recognized by the Customer as incorrect pricing, QAZUS shall not be obligated to provide the Customer with Products at the incorrect (lower) price.
6. User accounts
6.3. All persons who wish to have access to all the Services provided by QAZUS must agree to QAZUS's requirement that QAZUS must have access to the use of tools to localize the account manager's computer device in order to determine the country from which registration is made.
6.4. At any time, if QAZUS believes that the Account is at high risk of harm to any person, QAZUS has every right to suspend the use of the Account, restricting access to logging into the Account, suspending transactions, etc. After removing the risk (at its sole discretion QAZUS) QAZUS will reactivate the Account. In a situation where the Account Manager violates the law or these Terms, QAZUS has the right to block the Account. QAZUS has the right to suspend or block the use of the Account, provided that, in the opinion of QAZUS, any other circumstances arise that may lead to a risk for any person or violation of laws.
6.5. QAZUS also has the right to ask customers to provide relevant documents (copies or scanned images) to confirm the relevant information provided in the registration form. If the required documents are not submitted within 10 (ten) days, QAZUS has the right to suspend access to the Account or suspend any other actions taken by the Clients.
6.6. Customers are responsible for reasonable care of their Account and must ensure that their email address is up to date. QAZUS is not responsible for situations when Clients do not receive information due to their negligence.
6.7. In a situation where QAZUS decides that the Website needs to be modernized or it has technical problems, QAZUS has the right to restrict the ability to log into the Account or use the relevant Services or even general access to the Website.
6.8. Clients acknowledge that providing any information about their Account may be detrimental to QAZUS or third parties. They are responsible for protecting this kind of information, and if they cannot guarantee this, Customers are responsible for eliminating all damage caused.
6.9. The Client is not entitled to use other Accounts and will not share his Accounts with other Clients or third parties. An exception to the rule set out in this section above is to allow any employee or other duly authorized person of the Client to act on behalf of the relevant Client. However, any and all responsibility for the actions and results of persons who had access to the Accounts of the respective Client is assumed by the respective Client.
7. Terms and conditions of use
7.1. Subject to these Terms and Conditions, QAZUS grants Clients a limited, non-exclusive, non-transferable and non-sublicense license to access and personal and non-commercial use of the Services provided by QAZUS. Such license is strictly limited by the functionality of the Website.
7.2. Clients are obliged not to abuse the QAZUS Services and use them only in accordance with the law and these Terms. Misuse of the Services can cause negative consequences for QAZUS or third parties, and if Clients have violated the use of the Services, they are responsible for eliminating all damage caused.
7.3. All rights of QAZUS or their licensors, suppliers, owners or others are reserved, even if not expressly stated in these Terms.
7.4. Any objects of intellectual property on the Website, except those that are uploaded, transmitted, provided, published by the Clients, as well as the choice, organization, coordination, compilation of materials and the general layout and nature of the Website are the intellectual property of QAZUS. ... They are protected by copyright, trademarks, patents, design rights and any other rights and regulations, including international conventions and property rights.
7.6. QAZUS is permitted to provide Clients with hyperlinks on websites with other suppliers of Products (eg banners, channels) leading to the websites of such suppliers. QAZUS is not responsible for the truthfulness, accuracy or reliability of the information provided by the mentioned suppliers. QAZUS recommends reading all documents on the websites of the providers. Customers acknowledge that QAZUS has no control over these suppliers.
7.7. Customers, including but not limited to, confirm and represent that they:
7.7.1. will not advertise false or incorrect information that may harm QAZUS, other Clients or third parties;
7.7.2. will not upload or distribute information on the Site that may violate laws, contractual agreements or the rights of third parties. Such infringing information can be copyrighted materials, personal data, trade secrets, etc.
7.7.3. will not provide false information that may mislead other customers;
7.7.4. will not try to hack, modify, disable or in any other way affect the Website or challenge its security;
7.7.5. will not use the Website for any other purpose other than those that should be used in view of the purposes of the QAZUS Services;
7.7.6. will not attempt to collect any personal data that is stored in the Website system and will not offend or mislead other customers;
7.7.7. will not use the Website for any illegal purpose or to violate any laws;
7.7.8. will not try to interfere with the activities of the Website or prohibit other Clients from using the Website (or hinder its use);
7.7.9. will not carry out transactions with money from illegal sources.
All of the above actions include attempts to commit one of them or create circumstances for the implementation of such actions.
7.7.10. By posting or publishing its own materials on the Website or by any other distribution of such materials on QAZUS, Customer grants an irrevocable, permanent and free license to use these materials, including, but not limited to, presentation, transmission, distribution, reproduce, publish, duplicate, to adapt, modify, translate, create content related and otherwise, for the sole purpose of more suitable functionality of QAZUS and the Website.
8. Obligations of QAZUS
8.1. QAZUS will cooperate with Customers on all issues related to the proper provision of the Services. Communication between QAZUS and Clients will be through the Website Help Center or by email.
8.2. QAZUS will provide technical support to Clients if they encounter any problems related to the functionality of the Account and the Website.
9. Obligations of clients
9.1. Clients agree and confirm, including, but not limited to:
9.1.2. they will not act in such a way that it could have negative consequences for QAZUS, other Clients or third parties as a result of damage, deterioration of reputation, etc .;
9.1.3. they will not use the QAZUS services on the Website or the Website itself for illegal purposes or in any other way that is unacceptable;
9.1.5. they will not use more than one Account to purchase Products or use QAZUS Services on the Website and will not use a VPN connection.
10.1. If QAZUS does not comply with these Terms and Conditions, QAZUS is liable for loss or damage incurred by the Customer, which is the foreseeable result of QAZUS's violation of these Terms and Conditions or QAZUS's negligence, but QAZUS is not liable for any loss or damage that is not foreseeable. Loss or damage can be foreseen if they were an obvious consequence of a violation of QAZUS or if they were assumed by the Customer and QAZUS at the time of the conclusion of the Sales Agreement.
10.2. The seller supplies products for home and private use only. Customers agree not to use the Products for any commercial, business or resale purpose, and QAZUS is not liable to Customers for any loss of profits, loss of business, interruption of business or loss of business opportunity.
10.3. The client acknowledges that QAZUS is only an intermediary platform for the marketing of Products purchased through the Website and has absolutely nothing to do with the actual design and manufacture of such Products, and also agrees that these restrictions will apply despite the failure to comply with the main purpose any limited remedy.
11. Events outside the control of QAZUS
11.1. QAZUS shall not be liable for failure to fulfill or delay in fulfilling any of QAZUS's obligations under these Terms caused by an Event not controlled by QAZUS. An event out of QAZUS's control is defined below in Section 11.2.
11.2. An event outside the control of QAZUS means any action or event outside the reasonable control of QAZUS, including but not limited to strikes, lockouts or other third party strikes, civil unrest, riots, invasion, terrorist attack or threat of terrorist attack, war (regardless of whether whether it is announced or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunication networks or inability to use railways, shipping, aircraft, vehicles or any other form of public or private transport.
11.3. If an Event occurs outside the control of QAZUS that affects the fulfillment of QAZUS's obligations in accordance with these Terms:
11.3.1. QAZUS will contact the affected customers as soon as reasonably possible to notify them; as well as
11.3.2. QAZUS's obligations under these Terms and Conditions will be suspended and QAZUS's performance time will be extended for the duration of the Event outside of QAZUS's control.
12.2. The complaint must contain the following information:
12.2.1. Information about the order for which the complaint arose;
12.2.2. what rights have been violated;
12.2.3. a description of the circumstances in which the rights were violated.
12.3. If the Customer purchased the Product, but did not view the activation code on the QAZUS platform, he / she has the right to request a refund within 14 (fourteen) days from the date of the Purchase. In this case, QAZUS is obliged to return the money to the Client, and the Client is obliged to return the QAZUS Product without viewing the activation code.
12.4. Any disputes, disagreements or claims arising out of these Terms, their violation, termination or validity will be finally resolved in the relevant court of the Czech Republic in accordance with the rules of jurisdiction.
13.1. The Client can terminate the agreement with QAZUS by deleting his Account from the Website. This can be done by submitting a request to his or her Account system. QAZUS will delete the Account within 7 (seven) days after the day the request was sent. During this period, the Client has the right to cancel the deletion of the Account.
13.3. During the period of termination of the contract, the Client cannot create another Account on the Site.
14. Final provisions
14.2. Without the permission of QAZUS, Clients have no right to transfer their obligations, claims or rights to third parties. Clients agree that QAZUS has the right to transfer its rights and obligations arising from agreements to third parties. QAZUS will announce such transfer on the Site.
14.3. If any provision of these Terms is held by a court or arbitral tribunal to be illegal, invalid, or unenforceable, the other provisions of these Terms will remain in full force and effect. Any provision of these Terms and Conditions found to be illegal, invalid or unenforceable in part or to a certain extent will remain in full force and effect to the extent that it is not found to be illegal, invalid or unenforceable.
14.4. These Terms and the relationship between QAZUS and Clients in relation to these Terms (including performance, validity, invalidity, performance and termination of these Terms) shall be governed by and construed in accordance with the laws of the Czech Republic.
14.5. Unless otherwise provided by these Terms, any delay on the part of QAZUS or the Client in the exercise of any right or fulfillment of an obligation under these Terms shall not be construed as a waiver of such right or an exemption from such obligation, and separate or partial fulfillment of any obligation. The individual or partial exercise of any right does not mean that this obligation should not be fulfilled or that this right cannot be exercised in the future.
14.6. All data and information stored on the Site can be used by QAZUS for the purpose of its functioning.
14.7. Communication with the QAZUS support service is carried out via the email address firstname.lastname@example.org.
14.8. The laws of different countries may lead to the fact that some customers may not be able to use the relevant services of the Website.
14.9. In the event that the Terms and Conditions have been translated into other languages and if there are differences between the English version and such translation, the English version shall prevail unless otherwise noted.